Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential. HR can pass along only some information to the employee's manager.

"Restrictions may be shared with those who need to know," said Joan Casciari, an attorney with Seyfarth in Chicago. As for the details of a medical condition, "the FMLA and ADA regulations contain similar language with regard to the records relating to FMLA leave or ADA accommodations."

The FMLA regulations provide that records shall be maintained in conformance with the ADA confidentiality requirements, except that:

• Supervisors and managers may be informed about necessary restrictions on an employee's work or duties and needed accommodations.
• First-aid and safety staff may be told, when appropriate, if the employee's physical or mental condition might require emergency medical treatment.
• Government officials investigating compliance with the FMLA or other pertinent law shall be provided relevant information upon request.

"The ADA regulations are nearly identical," Casciari said.

Continuous Leave

When a worker is on continuous leave, the supervisor can be told that the employee is on leave and expected return dates, Casciari said.

"[Work] restrictions would not generally be shared or even known until the employee is released or about to...

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